Depending on the degree of formality of the complaint you wish to
make, you could try making a written complaint to the head of the law
firm in question. However, if you wish to make a formal complaint, you
should initially contact the Attorney and Consumer Assistance Program
(ACAP) of the Office of the Bar Counsel. They can be contacted by
telephone on (617) 728-8750 or by fax on (617) 357-1866. You may also
write a letter to the Office of the Bar Council. Their mailing address
is 75 Federal St Fl 5, Boston, MA 02110. There is no facility for the
submission of email complaints, due to confidentiality requirements.
For further information, see the Massachusetts State Government
website.
http://www.mass.gov/portal/index.jsp
But especially see:
http://www.state.ma.us/obcbbo/complaint.htm#fyi
All attorneys in Massachusetts have to abide by the Rules of
Professional Conduct as set out by the Massachusetts Supreme Court.
However, to proceed with a complaint, you must be able to show that
the attorney in question behaved in a manner contrary or prejudicial
to the operation of the law. The Preamble to the Rules of Professional
Conduct state that 'The Rules of Professional Conduct are rules of
reason. They should be interpreted with reference to the purposes of
legal representation and of the law itself'. Having said that, all
lawyers must also ' strive ... to exemplify the legal profession's
ideals of public service'. For the full text of the Preamble, see:
http://www.state.ma.us/obcbbo/rpcscope.htm
and for the whole text of the Rules, check out
http://www.state.ma.us/obcbbo/rpcnet.htm.
It seems possible that this is a matter that may not break the Rules
of Professional Conduct as set out by the Supreme Court, but
contacting the Office of the Bar Council is the best way to verify
this. However, even if it is a matter the Office of the Bar Council
cannot deal with, complaining to the head of the law firm may well
result in a satisfactory resolution of the complaint. One difficulty
in this instance, if it is a matter they can deal with, is that Office
of the Bar Council require as much documentary evidence as possible to
support a complaint. In this instance, it involves a telephone
conversation which presumably was not recorded. Therefore, the heavy
burden of proving the complaint rests with the complainant.
I hope this information is of assistance in resolving the matter. Good
luck.
Purplecat. |